Under new legislation coined the "Coronavirus Stop Act," employers doing business in the state of Idaho may no longer require a coronavirus vaccination as a term of employment, unless required by federal law or where the terms of employment include travel to foreign jurisdictions requiring vaccination.
Employers are prohibited from offering different salary, hourly wage, or other ongoing compensation or benefits to an employee based on whether the employee has received a coronavirus vaccination.
Business entities that receive Medicare or Medicaid funding are exempt from these prohibitions.
The new law, which went into effect on April 6, allows employers to offer one-time incentives to employees for receiving the COVID-19 vaccination. It also allows employers to provide time off from work to be vaccinated. The incentive must not result in an ongoing difference in salary, hourly wage, or compensation or benefits being provided to an employee based on whether the employee has been vaccinated.
The law also prohibits business entities in Idaho from refusing to provide any service, product, admission to a venue, or transportation to a person based on the individual's vaccination status.
Employers in Idaho with mandatory vaccination policies should consult with counsel to determine the appropriate next steps.
A growing number of states have enacted legislation directed at employer vaccine mandates. Utah's new Vaccine Passport Prohibition legislation will go into effect on May 3. Therefore, all employers should remain apprised of the different vaccine regulations and requirements, both statewide and federally.
Shane R. Larsen is an attorney with Jackson Lewis in Sacremento, Calif. Jennifer Ellerkamp is an attorney with Jackson Lewis in Denver. © 2023. All rights reserved. Reprinted with permission.
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